Latimer's deputy leads panel that may shift NY's congressional lines. Is that a conflict?

A little over a year ago, a top figure in Westchester County government was tapped to join a New York panel charged with redrawing lines for congressional districts and state legislature seats.

Those dual functions raised no eyebrows at the time. But Ken Jenkins' day job in Westchester and his side role on the redistricting panel could soon collide, depending on the outcome of a much-anticipated court decision.

What changed is that Jenkins' boss, County Executive George Latimer, became a congressional candidate last week, launching a bid to challenge Rep. Jamaal Bowman in a Democratic primary for New York's 16th District.

Jenkins has worked beside Latimer for six years as deputy county executive, his second in command. Jenkins' other position is chairman of the 10-member Independent Redistricting Commission, which is awaiting a ruling by the state Court of Appeals — New York's highest court — on whether it must draft new congressional lines to be used in next year's elections.

Deputy County Executive Ken Jenkins speaks at the Westchester County Police Academy's 148th session police recruit graduation ceremony Dec. 13, 2019 at SUNY Purchase Performing Arts Center. Seventy-seven graduates are headed off to work at 15 law enforcement agencies in Westchester County and one in Putnam County.
Deputy County Executive Ken Jenkins speaks at the Westchester County Police Academy's 148th session police recruit graduation ceremony Dec. 13, 2019 at SUNY Purchase Performing Arts Center. Seventy-seven graduates are headed off to work at 15 law enforcement agencies in Westchester County and one in Putnam County.

No conflict arises if the court snubs Democrats' quest for a new map. But if it demands new lines in a decision expected this month, Jenkins would be in the awkward position of serving on a panel that proposes line shifts that inevitably help some candidates and hurt others in races across New York, including Latimer's.

Asked about that potential conflict on Friday, Jenkins told the USA Today Network he plans to stay on the commission, known as the IRC, and stressed his limited influence on the panel. He also pointed out that state lawmakers have the final say and that they rejected the IRC's previous attempt at drawing a congressional map.

"Should the IRC be ordered to 'go back to work' by the Court of Appeals, I am 1 of 10 voting Commissioners that will deliberate and make a recommendation to the State Legislature for their consideration," Jenkins said by email.

Entering race: Latimer files paperwork to challenge Bowman in Democratic primary for Congress

How could the lines impact 2024 Congressional races?

Latimer acknowledged the important role new lines could play in an interview last week with the political news site City & State. He reportedly said that if the 16th District — now consisting of the southern half of Westchester County and a small slice of Bronx — is redrawn to take in more of the Bronx and less of Westchester, he was "not gonna win that race."

Latimer said in that interview that he hadn't discussed redistricting with Jenkins. But he told The Gothamist in another interview last week that the two had talked about it "a couple times."

Ravi Mangla, a spokesman for the progressive Working Families Party, which is backing Bowman in the primary battle, seized on the second statement in remarks on Monday, saying Latimer "owes it to constituents to explain what those conversations have been about considering the very real conflict of interest."

A Latimer campaign spokesperson responded: "The County Executive has not discussed the matter extensively with any member of the IRC, nor would he. Right now this decision is in the hands of the courts, and like everyone, we await the outcome of that decision."

Westchester County Executive George Latimer speaks during a Bring Them Home Vigil in White Plains on Oct. 24, 2023.
Westchester County Executive George Latimer speaks during a Bring Them Home Vigil in White Plains on Oct. 24, 2023.

NY redistricting commission has rocky history

The redistricting commission's inaugural run was a fiasco.

Evenly split between Democratic and Republican appointees, the panel hit a deadlock early in 2022 after drawing two sets of lines, each favoring one party or the other. The Democratic-led legislature wound up tossing both proposals and adopting its own map, which was later rejected by courts as partisan gerrymandering and replaced with court-ordered lines.

Progressive backing: Bowman clinches Working Families endorsement. Will he face primary against Latimer?

Jenkins was appointed to the panel by Senate Majority Leader Andrea Stewart-Cousins in November 2022 to replace fellow Westchester County resident David Imamura. Imamura, a Democrat and attorney who had served as the commission chairman, had stepped down to run for a vacated seat on the county Board of Legislators.

Mike Murphy, a spokesman for the Democratic conference that Stewart-Cousins leads, told the USA Today Network that the possibility of a conflict and need to replace Jenkins on the commission had not been explored since Latimer entered the race.

"It is obviously a new and unanticipated development and something that will have to be looked into further," Murphy said by email.

Rep. Jamaal Bowman delivers remarks as New York Gov. Kathy Hochul looks on at SUNY Westchester Community College in Valhalla on May 10, 2023.
Rep. Jamaal Bowman delivers remarks as New York Gov. Kathy Hochul looks on at SUNY Westchester Community College in Valhalla on May 10, 2023.

Blair Horner, executive director of the New York Public Interest Research Group, said Jenkins' serving on the commission poses an "obvious conflict" if the panel must draw new lines, one that can be resolved only by replacing him.

For Jenkins to remain on the panel, Horner said, "the arrangement would have to be blessed by someone who doesn't have a stake in the outcome."

How could new lines in NY impact national picture in 2024?

The redistricting panel already may play a nationally watched role for different reasons.

If ordered by the court to draw a new congressional map, it would make the first attempt to draft lines that affect new year's battle for swing seats in New York, which in turn will help determine which party wins control of the House. The final line decisions, though, could fall to the state legislature — or the courts, if more litigation ensues.

As chairman, Jenkins presides over commission meetings and hearings and has authority to call meetings if at least six other members agree, according to the bylaws. Those rules grant him no greater authority than other members over where lines are drawn in any proposed map. He effectively leads the five-member Democratic side, with Vice Chairman Charles Nesbitt — a former Republican assemblyman — leading the GOP side.

Jenkins, a 62-year-old Yonkers resident, has been deputy county executive since Latimer took office in 2018 and made Jenkins his lieutenant. The two were friendly rivals before then, competing in an amicable Democratic primary in 2017 for the nomination to challenge Republican incumbent Rob Astorino.

Jenkins would become acting county executive if Latimer is elected to Congress in November 2024 and takes office in January. Under the Westchester County charter, a special election must then be held within 90 days to fill the office for the rest of 2025, the final year of Latimer's four-year term. A regular election would take place in November 2025 for a full term.

Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at cmckenna@gannett.com.

This article originally appeared on Rockland/Westchester Journal News: Is Latimer aide Ken Jenkins' tie to NY redistricting panel a conflict?

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